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U.S. Supreme Court Decision Affects Corps of Engineers Regulatory Program
Headquarters Response
- The Corps is studying the Supreme Court's decision, and is conferring with our sister agencies (e.g., the Department of Justice and the EPA), seeking a common understanding and interpretation of the decision, and an agreement on how the Executive Branch will implement it.
- Link to U.S. Army Corps of Engineers Regulatory Headquarters
- On Friday, January 19, 2001, the Corps of Engineers and the U.S. Environmental Protection Agency withdrew the "Wilson Guidance." This May 28, 1998 joint guidance explained the Wilson decision, and provided specific guidance applicable within Fourth Circuit states regarding Section 404 jurisdiction over isolated water bodies based on use by migratory birds. The Wilson Guidance was withdrawn in light of the recent Supreme Court Ruling in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers. View guidance.
- This page and guidance is current through Tuesday February 20, 2001. All efforts to predict when we will receive guidance have failed, though we still anticipate that further guidance will eventually be provided. This page will be updated as soon as new information regarding the recent Supreme Court decision is available.
New Articles and Other Pertinent Links
Court Opinion
SOLID WASTE AGENCY OF NORTHERN COOK COUNTY v. UNITED STATES ARMY CORPS OF ENGINEERS ET AL.
Get Decision
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Buffalo District Webmaster: Public Affairs
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